[cc-licenses] Version 3.01 moral rights question and proposal

Andy Kaplan-Myrth techlaw at uottawa.ca
Sat Oct 20 09:32:42 EDT 2007


Hi,

Could somebody clarify what CC's position is on Moral Rights in 
countries where they can be waived?

> For the avoidance of doubt:
> i. In those countries which do not have moral rights, nothing happens.
> ii. In those countries where moral rights cannot be waived, nothing happens.
> iii. In those countries which have waivable moral rights or where it is 
> possible to not assert them, the licensor waives or does not assert them

In the CC 2.5 Canada licences waived moral rights, and I expect to 
encounter resistance from some of our user base if we stop waiving them. 
But my understanding is that CC decided not to waive moral rights (or to 
only waive them minimally if required), even in jurisdictions where they 
can be waived.

Could somebody clarify that?

Thanks,
Andy

-- 
Andy Kaplan-Myrth LL.B., M.A.
Manager, Law & Technology, University of Ottawa

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t. 613/562-5800 x3206
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